Up-to-the-minute advice, information, resources, and, on occasion, commentary on federal and New Jersey state income taxes, and the various New Jersey property tax rebate programs, and insights and observations on tax policy and professional tax practice, by 40-year veteran tax professional Robert D Flach.

Tuesday, April 23, 2013

MORE ON THE NEW “SAFE HARBOR” HOME OFFICE DEDUCTION

The lead article of the April 2013 issue of the National
Association of Tax Professionals’ TAX PRO MONTHLY discusses the details of the
new “safe harbor” home office deduction, which is in effect for tax year 2013.

This new option allows taxpayers with a qualified home office
to deduct $5.00 per square foot, up to a maximum of $1,500 (therefore the
maximum allowable area of the home office is 300 square feet), instead of using
actual expenses.

Normally one would determine the square footage of the
home office and divide it by the total square footage of the home to come up
with a business use percentage.The
total costs of the home – real estate taxes, mortgage interest (on money
borrowed to build, buy or substantially improve the home), homeowners and flood
insurance, utilities (gas and electric, heating oil, water), alarm system, etc.
– are added up and multiplied by this business use percentage.Depreciation is also allowed on the home
office area.

This new “safe harbor” deduction is an option – not a
requirement.It is similar to the
standard mileage allowance, which can be claimed instead of the business use
percentage of the actual costs of operating a car.However the choice is less restrictive than
that of electing to use the standard mileage allowance.As the article points out, “Taxpayers may
switch from the safe harbor method to actual expenses from year to year as they
wish”.

This new option does not simplify the calculation of the
home office deduction.It actually makes
it more complicated by adding another step to the process.One of the major rules of tax preparation,
which I point out in "My Best Tax Advice", is – “If you find yourself faced with
choices you should review each option and do separate tax calculations to see
which one will result in the lowest tax”.

You must calculate the home office deduction under the
“normal” method, using actual expenses, and compare this to what you are
allowed under the “safe harbor” method.

The article explains that “Taxpayers using the safe
harbor method may deduct 100% of mortgage interest and real estate taxes on
Schedule A”.So the safe harbor
deduction does not include the business use percentage of real estate taxes and
mortgage interest.When making your
comparison do not include real estate taxes and mortgage interest in the
calculation of actual expenses.

For a self-employed taxpayer filing a Schedule C, the
safe harbor home office deduction cannot exceed the net income, after expenses,
of the business activity.This is also
true of the deduction for actual expenses, with one exception.

There is a hierarchy of deductions when the actual
expense method is calculated on IRS Form 8829.One first deducts the business use percentage of real estate taxes and
mortgage interest.If there is any net
business income left over, after deductions the appropriate amount of taxes and
interest, you can deduct the business use percentage of “other expenses”, such
as insurance, utilities, security, etc., up to the remaining net business
income.If there is net income left over
after deducting “other expenses” you can claim depreciation, again up to the
remaining net business income.

A Schedule C filer can deduct the business use percentage
of real estate taxes and mortgage interest in full, regardless of the net
business income.So a home office
deduction can create a negative Schedule C.

If the net business income before the home office
deduction is $1,000, and the business use percentage of real estate taxes and
mortgage interest is $1,500, the Schedule C shows a net loss of $500, which is
carried over to Page 1 of Form 1040.

One of the advantages of this is that it moves a portion
of the deduction for real estate taxes and mortgage interest from Schedule A to
Page 1 of the 1040 – from “below the line” to “above the line” – and reduces
Adjusted Gross Income.As we all know by
now, there are a multitude of deductions, credits and exclusions that are
affected by AGI, and reducing AGI can result in increasing, or allowing,
deductions and/or credits, and reducing tax liability.

When comparing the tax benefit of the two home office
deduction options you must take this into consideration.While the safe harbor method may produce the
greater overall tax deduction, using the actual expenses may provide the
greater tax benefit due to the reduction of AGI.

There is another disadvantage to the safe harbor
deduction when the allowable deduction exceeds net business income.The NATP item tells us, “Any taxpayer using
the safe harbor method may not carry over any disallowed safe harbor deductions
to the next year”.

When a taxpayer claims actual expenses on Form 8829 any
of the unused “other expenses” or depreciation, not allowed because they exceed
net business income, can be carried over to future years.

You have a bad year in 2013, and your home office
deduction is more than your net business income.But you expect substantially increased income
in 2014, and the carryover of unused other expenses and depreciation will
reduce your income tax, and your self-employment tax, in 2014.You should use actual expenses instead of the
safe harbor for 2013.

One advantage of the safe harbor deduction, if it
provides the greater overall tax savings, is that it does not include
depreciation.In a year when the safe
harbor method is used “the depreciation deduction allowable for that portion of
the home for that taxable year is deemed to be zero”.So you do not increase the amount of
depreciation that must be recaptured when you sell the home.However you should still include depreciation
in the calculation of actual expenses when you are comparing methods.

If you elect the safe harbor option and the home office
applies to only part of the year, for example you start the business in April,
the $5.00 per square foot/$1,500 maximum must be pro-rated based on the number
of full months of business use during the year (15 or more days of use = a full
month).

No comments:

Before contacting me with questions about how a blog post relates to your specific situation, please be aware that I do not give free tax advice to non-clients by e-mail, comment response, or phone. So don't waste your time and mine.